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Electronically
FILED
ANDERSON YAZDI HWANG MINTOBiédH GRR By Superior Court of California, County of San Mateo|
ON 05/22/2023
Steven D. Anderson (Bar No. 136260)
sanderson@ayhmh.com RECEIVED By Jsi_ Lopez-Chavez, Gabriela
Terese M. Raddie (Bar No. 115167) Deputy Clerk
traddie@ayhmh.com 5/15/2023
350 Primrose Road CLERK OF THE SUPERIOR COURT
Burlingame, California 94010 SAN MATEO COUNTY
Telephone 650.212.5900
Facsimile: 650.212.5999
Attorneys for Petitioner.
CLAUDETTE J. SYME, Trustee
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
10 In the Matter of Case No. 23-PRO-00515
11 THE CHARLES W. AND EX PARTE ORDER DECLARING (1)
CLAUDETTE J. SYME TRUST ASSET TO BE COMMUNITY PROPERTY
12 AGREEMENT under agreement dated ASSET AND (2) ASSET TO BE TRUST
December 17, 1979, as amended ASSET AND (3) FOR AUTHORITY TO
13 TRANSFER ASSET TO THE TRUSTEE
OF THE CHARLESW. AND CLAUDETTE
14 J. SYME TRUST AGREEMENT
15 [Probate Code §§ 850 (a)(3)(B) and 856]
16 Date: EX PARTE
Time: Ex Parte 10:00AM
17 Dept: Probate
18
19 The Ex Parte Petition for Order Declaring Asset to be Community Property Asset and
20 Trust Asset and for Authority to Transfer Asset to the Trustees of THE CHARLES W. AND
21 CLAUDETTE J. SYME TRUST AGREEMENT, of CLAUDETTE J. SYME (“Petitioner”) in his
22 capacity as a Trustee of THE CHARLES W. AND CLAUDETTE J. SYME TRUST
23 AGREEMENT (the “Trust”) under agreement dated December 17, 1979, as amended (the “Trust
24 Agreement”), having been presented to this court on an ex parte basis, and proof of notice having
25 been made to the satisfaction of this Court, this Court now finds as follows:
26 1 Notice of the hearing of the ex parte petition has been given to all parties required
27 to be given notice as required by law and waived by all parties who are beneficiaries of the Trust.
28 2. All of the allegations of the ex parte petition are true and correct.
EX PARTE ORDER DECLARING ASSET TO BE COMMUNITY PROPERTY ASSET
FOR ASSET TO BE TRUST ASSET, AND FOR AUTHORITY TO TRANSFER ASSET TO TRUSTEE
3 CHARLES W. SYME (“Decedent”), died testate on January 23, 2022, a resident
of the County of San Mateo, State of California.
4 CLAUDETTE J. SYME is the duly acting Trustee of the Trust.
5 The Trust is being administered in the County of San Mateo, State of California.
6 It is appropriate to (i) confirm that CHARLES W. SYME, as of the date of his
death, owned a community property half (1/2) interest in and to that certain real property located
in the City of Belmont, County of San Mateo, State of California, Assessor’s Parcel No. 043-241-
050, (“Property”); (ii) confirm to CLAUDETTE J. SYME, the surviving spouse of Decedent, her
community property one-half (1/2) interest in the Property; (iii) declare the foregoing interest in
10 the Property to be a Trust Asset; and (iv) authorize the transfer of both community property
11 interests in the Property to the Trust.
12 WHEREFORE, IT IS HEREBY ORDERED, ADJ UDGED AND DECREED THAT:
13 A Decedent, CHARLES W. SYME, as of his date of death, owned a community
14 property half (1/2) interest in and to that certain real property located in the City of Belmont,
15 County of San Mateo, State of California, Assessor’s Parcel No. 043-241-050.,
16 B CLAUDETTE J. SYME owns a community property half (1/2) interest in and to
17 that certain real property located in the City of Belmont, County of San Mateo, State of
18 California, Assessor’s Parcel No. 043-241-050.
19 Cc Decedent’s and Petitioner’s interests in the following described real property is
20 determined to be an asset of THE CHARLES W. AND CLAUDETTE J. SYME TRUST
21 AGREEMENT under agreement dated December 17, 1979, as amended:
22 1 All right, title and interest in and to that certain real property located in the
23 City of Belmont, County of San Mateo, State of California, Assessor’s Parcel No. 043-
24 241-050, more particularly described by the following legal description:
25 That certain real property located in the City of Belmont, County of San Mateo,
State of California, Assessor’s Parcel No. 043-241-050, as more particularly
26 described by the following legal description, currently standing in the name of
CHARLES W. SYME and CLAUDETTE J. SYME, his wife, as joint tenants:
27
PARCEL ONE:
28
2
EX PARTE ORDER DECLARING ASSET TO BE COMMUNITY PROPERTY ASSET,
FOR ASSET TO BE TRUST ASSET, AND FOR AUTHORITY TO TRANSFER ASSET TO TRUSTEE
LOTS 40 and 41, in Block 116, as shown on that certain map entitled
“MAP OF SUBDIVISION NO. 10, BELMONT COUNTRY CLUB
PROPERTIES, BELMONT, SAN MATEO COUNTY,
CALIFORNIA”, which map was filed in the office of the County
Recorder of San Mateo County on March 24, 1927, in Book 15 of
Maps at Pages 29 to 38.
PARCEL TWO:
PORTION OF LOT 42, in Block 116 as shown on that certain map
entitled “MAP OF SUBDIVISION NO. 10, BELMONT COUNTRY
CLUB PROPERTIES, BELMONT, SAN MATEO COUNTY,
CALIFORNIA”, which map was filed in the office of the County
Recorder of San Mateo County on March 24, 1927, in Book 15 of
Maps at pages 29 to 38, more particularly described as follows:
BEGINNING at a point on the Easterly line of East Laurel Creek Road
where it is intersected by the line dividing Lots 41 and 42 in said
10 Block; thence North 7° 12' East along said Easterly line of East Laurel
Creek Road 16.08 feet; thence Southeasterly in a direct line to a point
11 on the Easterly line of said Lot, distant thereto North 25° 00' East 1.97
feet from the Southeasterly corner of said Lot, thence South 25° 00'
12 West along said Easterly line 1.97 feet and thence North 82° 48' West
along line dividing Lots 41 and 42 to the point of beginning.
13
D. Petitioner, as Trustee of THE CHARLES W. AND CLAUDETTE J.
14
SYME TRUST AGREEMENT under agreement dated December 17, 1979, as
15
amended, is authorized to execute and deliver all documents and other instruments of
16
whatever nature necessary or advisable to implement the transfer of the above-
17
referenced asset to CLAUDETTE J. SYME, as Trustee of THE CHARLES W. AND
18
CLAUDETTE J. SYME TRUST AGREEMENT under agreement dated December 17,
19
1979, as amended, to be administered and distributed in accordance with the terms of
20
such Trust Agreement, and/or record any and all necessary documents to transfer title
21
of the real property in the appropriate county. Electronically
22
SIGNED
23 By /s/ Davis Ill, Leland
Dated: , 2023 05/22/2023
24 SUPERIOR COURT JUDGE
25
26 53004-00001\WORKSITE\9971825.2
27
28
3
EX PARTE ORDER DECLARING ASSET TO BE COMMUNITY PROPERTY ASSET,
FOR ASSET TO BE TRUST ASSET, AND FOR AUTHORITY TO TRANSFER ASSET TO TRUSTEE
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Electronically FILED ANDERSON YAZDI HWANG MINTOBiédH GRR By Superior Court of California, County of San Mateo| ON 05/22/2023 Steven D. Anderson (Bar No. 136260) sanderson@ayhmh.com RECEIVED By Jsi_ Lopez-Chavez, Gabriela Terese M. Raddie (Bar No. 115167) Deputy Clerk traddie@ayhmh.com 5/15/2023 350 Primrose Road CLERK OF THE SUPERIOR COURT Burlingame, California 94010 SAN MATEO COUNTY Telephone 650.212.5900 Facsimile: 650.212.5999 Attorneys for Petitioner. CLAUDETTE J. SYME, Trustee SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO 10 In the Matter of Case No. 23-PRO-00515 11 THE CHARLES W. AND EX PARTE ORDER DECLARING (1) CLAUDETTE J. SYME TRUST ASSET TO BE COMMUNITY PROPERTY 12 AGREEMENT under agreement dated ASSET AND (2) ASSET TO BE TRUST December 17, 1979, as amended ASSET AND (3) FOR AUTHORITY TO 13 TRANSFER ASSET TO THE TRUSTEE OF THE CHARLESW. AND CLAUDETTE 14 J. SYME TRUST AGREEMENT 15 [Probate Code §§ 850 (a)(3)(B) and 856] 16 Date: EX PARTE Time: Ex Parte 10:00AM 17 Dept: Probate 18 19 The Ex Parte Petition for Order Declaring Asset to be Community Property Asset and 20 Trust Asset and for Authority to Transfer Asset to the Trustees of THE CHARLES W. AND 21 CLAUDETTE J. SYME TRUST AGREEMENT, of CLAUDETTE J. SYME (“Petitioner”) in his 22 capacity as a Trustee of THE CHARLES W. AND CLAUDETTE J. SYME TRUST 23 AGREEMENT (the “Trust”) under agreement dated December 17, 1979, as amended (the “Trust 24 Agreement”), having been presented to this court on an ex parte basis, and proof of notice having 25 been made to the satisfaction of this Court, this Court now finds as follows: 26 1 Notice of the hearing of the ex parte petition has been given to all parties required 27 to be given notice as required by law and waived by all parties who are beneficiaries of the Trust. 28 2. All of the allegations of the ex parte petition are true and correct. EX PARTE ORDER DECLARING ASSET TO BE COMMUNITY PROPERTY ASSET FOR ASSET TO BE TRUST ASSET, AND FOR AUTHORITY TO TRANSFER ASSET TO TRUSTEE 3 CHARLES W. SYME (“Decedent”), died testate on January 23, 2022, a resident of the County of San Mateo, State of California. 4 CLAUDETTE J. SYME is the duly acting Trustee of the Trust. 5 The Trust is being administered in the County of San Mateo, State of California. 6 It is appropriate to (i) confirm that CHARLES W. SYME, as of the date of his death, owned a community property half (1/2) interest in and to that certain real property located in the City of Belmont, County of San Mateo, State of California, Assessor’s Parcel No. 043-241- 050, (“Property”); (ii) confirm to CLAUDETTE J. SYME, the surviving spouse of Decedent, her community property one-half (1/2) interest in the Property; (iii) declare the foregoing interest in 10 the Property to be a Trust Asset; and (iv) authorize the transfer of both community property 11 interests in the Property to the Trust. 12 WHEREFORE, IT IS HEREBY ORDERED, ADJ UDGED AND DECREED THAT: 13 A Decedent, CHARLES W. SYME, as of his date of death, owned a community 14 property half (1/2) interest in and to that certain real property located in the City of Belmont, 15 County of San Mateo, State of California, Assessor’s Parcel No. 043-241-050., 16 B CLAUDETTE J. SYME owns a community property half (1/2) interest in and to 17 that certain real property located in the City of Belmont, County of San Mateo, State of 18 California, Assessor’s Parcel No. 043-241-050. 19 Cc Decedent’s and Petitioner’s interests in the following described real property is 20 determined to be an asset of THE CHARLES W. AND CLAUDETTE J. SYME TRUST 21 AGREEMENT under agreement dated December 17, 1979, as amended: 22 1 All right, title and interest in and to that certain real property located in the 23 City of Belmont, County of San Mateo, State of California, Assessor’s Parcel No. 043- 24 241-050, more particularly described by the following legal description: 25 That certain real property located in the City of Belmont, County of San Mateo, State of California, Assessor’s Parcel No. 043-241-050, as more particularly 26 described by the following legal description, currently standing in the name of CHARLES W. SYME and CLAUDETTE J. SYME, his wife, as joint tenants: 27 PARCEL ONE: 28 2 EX PARTE ORDER DECLARING ASSET TO BE COMMUNITY PROPERTY ASSET, FOR ASSET TO BE TRUST ASSET, AND FOR AUTHORITY TO TRANSFER ASSET TO TRUSTEE LOTS 40 and 41, in Block 116, as shown on that certain map entitled “MAP OF SUBDIVISION NO. 10, BELMONT COUNTRY CLUB PROPERTIES, BELMONT, SAN MATEO COUNTY, CALIFORNIA”, which map was filed in the office of the County Recorder of San Mateo County on March 24, 1927, in Book 15 of Maps at Pages 29 to 38. PARCEL TWO: PORTION OF LOT 42, in Block 116 as shown on that certain map entitled “MAP OF SUBDIVISION NO. 10, BELMONT COUNTRY CLUB PROPERTIES, BELMONT, SAN MATEO COUNTY, CALIFORNIA”, which map was filed in the office of the County Recorder of San Mateo County on March 24, 1927, in Book 15 of Maps at pages 29 to 38, more particularly described as follows: BEGINNING at a point on the Easterly line of East Laurel Creek Road where it is intersected by the line dividing Lots 41 and 42 in said 10 Block; thence North 7° 12' East along said Easterly line of East Laurel Creek Road 16.08 feet; thence Southeasterly in a direct line to a point 11 on the Easterly line of said Lot, distant thereto North 25° 00' East 1.97 feet from the Southeasterly corner of said Lot, thence South 25° 00' 12 West along said Easterly line 1.97 feet and thence North 82° 48' West along line dividing Lots 41 and 42 to the point of beginning. 13 D. Petitioner, as Trustee of THE CHARLES W. AND CLAUDETTE J. 14 SYME TRUST AGREEMENT under agreement dated December 17, 1979, as 15 amended, is authorized to execute and deliver all documents and other instruments of 16 whatever nature necessary or advisable to implement the transfer of the above- 17 referenced asset to CLAUDETTE J. SYME, as Trustee of THE CHARLES W. AND 18 CLAUDETTE J. SYME TRUST AGREEMENT under agreement dated December 17, 19 1979, as amended, to be administered and distributed in accordance with the terms of 20 such Trust Agreement, and/or record any and all necessary documents to transfer title 21 of the real property in the appropriate county. Electronically 22 SIGNED 23 By /s/ Davis Ill, Leland Dated: , 2023 05/22/2023 24 SUPERIOR COURT JUDGE 25 26 53004-00001\WORKSITE\9971825.2 27 28 3 EX PARTE ORDER DECLARING ASSET TO BE COMMUNITY PROPERTY ASSET, FOR ASSET TO BE TRUST ASSET, AND FOR AUTHORITY TO TRANSFER ASSET TO TRUSTEE